Connecticut 2021 Regular Session

Connecticut House Bill HB06552 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06552-R01-
4		-	HB.docx
5		-	1 of 6
6	3
7		-	General Assembly Substitute Bill No. 6552
	4	+	LCO No. 4291 1 of 5
	5	+
	6	+	General Assembly Raised Bill No. 6552
8	7		January Session, 2021
	8	+	LCO No. 4291
	9	+
	10	+
	11	+	Referred to Committee on AGING
	12	+
	13	+
	14	+	Introduced by:
	15	+	(AGE)
9	16
10	17
11	18
12	19
13		-
14		-	AN ACT CONCERNING TH E RIGHTS OF RESIDENTS IN NURSING
15		-	HOME FACILITIES TO USE THE TECHNOLOGY OF THEIR CHOICE
	20	+	AN ACT CONCERNING TH E RIGHTS OF RESIDENTS IN LONG-TERM
	21	+	CARE FACILITIES TO USE THE TECHNOLOGY OF THEIR CHOICE
16	22		FOR VIRTUAL CONNECTI ONS TO FAMILY, FRIENDS AND OTHER
17	23		PERSONS.
18	24		Be it enacted by the Senate and House of Representatives in General
19	25		Assembly convened:
20	26
21	27		Section 1. (NEW) (Effective October 1, 2021) (a) For purposes of this 1
22		-	section: 2
23		-	(1) "Nursing home facility" has the same meaning as provided in 3
24		-	section 19a-490 of the general statutes; 4
25		-	(2) "Resident" means a resident of a nursing home facility; 5
26		-	(3) "Resident representative" means (A) a court-appointed 6
27		-	conservator of the person or guardian, (B) a health care representative 7
28		-	appointed pursuant to section 19a-575a of the general statutes, or (C) if 8
29		-	there is no court-appointed conservator of the person or guardian, or 9
30		-	health care representative, a person who is (i) designated in a written 10
31		-	document signed by the resident and included in the resident's records 11
32		-	on file with the facility, or (ii) if there is no such written document, a 12
33		-	person who is a legally liable relative or other responsible party, 13
34		-	provided such person is not an employer or contractor of the facility; 14
35		-	(4) "Technology" means a device capable of remote audio or video 15 Substitute Bill No. 6552
	28	+	section: (1) "Long-term care facility" means a nursing home facility as 2
	29	+	defined in section 19a-490 of the general statutes or a managed 3
	30	+	residential community as defined in section 19a-693 of the general 4
	31	+	statutes; (2) "resident" means a resident of a long-term care facility; (3) 5
	32	+	"resident representative" means (A) a court-appointed conservator of 6
	33	+	the person or guardian, (B) a health care representative appointed 7
	34	+	pursuant to section 19a-575a of the general statutes, or (C) if there is no 8
	35	+	court-appointed conservator of the person or guardian, or health care 9
	36	+	representative, a person who is (i) designated in a written document 10
	37	+	signed by the resident and included in the resident's records on file with 11
	38	+	the facility, or (ii) if there is no such written document, a person who is 12
	39	+	a legally liable relative or other responsible party, provided that such 13
	40	+	person is not an employer or contractor of the facility; (4) "technology" 14 Raised Bill No. 6552
36	41
37	42
38		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06552-
39		-	R01-HB.docx }
40		-	2 of 6
41	43
42		-	communications that may include recording capabilities; 16
43		-	(5) "Virtual monitoring" means remote monitoring of a resident by a 17
44		-	third party via technology owned and operated by the resident in the 18
45		-	resident's room or living quarters; and 19
46		-	(6) "Virtual visitation" means remote visitation between a resident 20
47		-	and family members or other persons with technology. 21
48		-	(b) A resident shall have the right to use technology of the resident's 22
49		-	choice that facilitates virtual monitoring or virtual visitation, provided: 23
50		-	(1) The purchase, activation, installation, maintenance, repair, 24
51		-	operation, deactivation and removal of such technology is at the 25
52		-	expense of the resident; 26
53		-	(2) The technology and any recordings obtained therefrom are used 27
54		-	by the resident and any person communicating with the resident or 28
55		-	monitoring the resident in a manner that does not violate any 29
56		-	individual's right to privacy under state or federal law and in 30
57		-	accordance with the provisions of this section; 31
58		-	(3) A clear and conspicuous notice is placed on the door of the 32
59		-	resident's room or living unit indicating that technology enabling 33
60		-	virtual monitoring and intended for such -use may be in use; 34
61		-	(4) In cases where the resident intends to use technology for virtual 35
62		-	monitoring in shared living situations, the resident or resident 36
63		-	representative provides advance notice to a roommate or the 37
64		-	roommate's representative specifying the type of technology, the 38
65		-	proposed location of the device, its intended use, intended hours of 39
66		-	operation and whether the device is capable of recording audio or video 40
67		-	or being activated remotely; 41
68		-	(5) The resident or resident representative (A) obtains the written 42
69		-	consent of all roommates or resident representatives of all roommates 43
70		-	for the use of the technology for virtual monitoring, and (B) if any 44 Substitute Bill No. 6552
	44	+	LCO No. 4291 2 of 5
	45	+
	46	+	means a device capable of remote audio or video communications that 15
	47	+	may include recording capabilities; (5) "virtual monitoring" means the 16
	48	+	ability of a third party to monitor a resident via technology owned and 17
	49	+	operated by the resident in the resident's room or living quarters; and 18
	50	+	(6) "virtual visitation" means remote visitation between a resident and 19
	51	+	family members or other persons with technology. 20
	52	+	(b) A resident shall have the right to use technology of the resident's 21
	53	+	choice that facilitates virtual monitoring or virtual visitation provided: 22
	54	+	(1) The purchase, activation, installation, maintenance, repair, 23
	55	+	operation, deactivation and removal of such technology is at the 24
	56	+	expense of the resident; (2) the technology and any recordings obtained 25
	57	+	therefrom are used by the resident and any person communicating with 26
	58	+	the resident or monitoring the resident in a manner that does not violate 27
	59	+	any individual's right to privacy under state or federal law and in 28
	60	+	accordance with the provisions of this section; (3) a clear and 29
	61	+	conspicuous notice is placed on the door of the resident's room or living 30
	62	+	unit indicating that technology enabling virtual monitoring may be in 31
	63	+	use; (4) in cases where the resident intends to use technology for virtual 32
	64	+	monitoring in shared living situations, the resident or resident 33
	65	+	representative provides advance notice to a roommate or the 34
	66	+	roommate's representative specifying the type of technology, the 35
	67	+	proposed location of the device, its intended use, intended hours of 36
	68	+	operation and whether the device is capable of recording audio or video 37
	69	+	or being activated remotely; (5) the resident or resident representative 38
	70	+	obtains the written consent of the roommate or resident representative 39
	71	+	of the roommate for the use of the technology for virtual monitoring; 40
	72	+	and (6) the resident or resident representative files a signed, written 41
	73	+	notice with the long-term care facility and a copy of any written consent 42
	74	+	of any roommate not less than seven days before installing or using such 43
	75	+	technology for virtual monitoring that (A) identifies the type of 44
	76	+	technology, its intended use, intended hours of use and location of such 45
	77	+	technology in the room or living quarters, (B) contains verification that 46
	78	+	the technology complies with applicable state and federal life safety and 47
	79	+	fire codes if such codes include standards for such technology, (C) states 48 Raised Bill No. 6552
71	80
72	81
73		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06552-
74		-	R01-HB.docx }
75		-	3 of 6
76	82
77		-	roommate withdraws consent, ceases using the technology for virtual 45
78		-	monitoring until consent is obtained; and 46
79		-	(6) The resident or resident representative files a signed, written 47
80		-	notice with the nursing home facility and a copy of any written consent 48
81		-	of any roommate not less than seven days before installing or using such 49
82		-	technology for virtual monitoring that (A) identifies the type of 50
83		-	technology, its intended use, intended hours of operation and location 51
84		-	of such technology in the room or living quarters, (B) states whether the 52
85		-	technology is capable of recording audio or video or being activated or 53
86		-	controlled remotely, (C) acknowledges that the resident is responsible 54
87		-	for the purchase, activation, installation, maintenance, repair, operation, 55
88		-	deactivation and removal of such technology, and (D) includes a waiver 56
89		-	of all civil, criminal and administrative liability for the nursing home 57
90		-	facility in accordance with subsection (d) of this section. 58
91		-	The provisions of this subsection shall not apply to cellular mobile 59
92		-	telephones used primarily for telephonic communication or tablets not 60
93		-	used for virtual monitoring. If a roommate withdraws consent for the 61
94		-	use of technology for virtual monitoring, a resident or resident 62
95		-	representative shall inform the facility, in writing, not later than seven 63
96		-	days after the roommate withdraws consent. 64
97		-	(c) (1) A nursing home facility shall provide Internet access, electricity 65
98		-	and a power source for technology used for virtual monitoring or virtual 66
99		-	visitation at no cost to a resident, provided (A) a nursing home facility 67
100		-	includes the cost of providing Internet access in cost reports filed with 68
101		-	the Department of Social Services for purposes of Medicaid 69
102		-	reimbursement, (B) the cost associated with any necessary upgrades to 70
103		-	Internet infrastructure to provide adequate Internet access for residents 71
104		-	to use such technology is considered a capital improvement eligible for 72
105		-	reimbursement under fair rent rate provisions of subsection (f) of 73
106		-	section 17b-340 of the general statutes, (C) the Commissioner of Social 74
107		-	Services uses any available funding provided by the federal government 75
108		-	to the state and authorized by the federal government for expenses 76
109		-	related to COVID-19 at nursing home facilities to provide grants-in-aid 77 Substitute Bill No. 6552
	83	+	LCO No. 4291 3 of 5
	84	+
	85	+	whether the technology is capable of recording audio or video or being 49
	86	+	activated or controlled remotely, (D) acknowledges that the resident is 50
	87	+	responsible for the purchase, activation, installation, maintenance, 51
	88	+	repair, operation, deactivation and removal of such technology, and (E) 52
	89	+	includes a waiver of all civil, criminal and administrative liability for the 53
	90	+	long-term care facility in accordance with subsection (d) of this section. 54
	91	+	The provisions of this subsection shall not apply to cellular mobile 55
	92	+	telephones used primarily for telephonic communication or tablets not 56
	93	+	used for virtual monitoring. 57
	94	+	(c) (1) A long-term care facility shall provide Internet access, 58
	95	+	electricity and a power source for technology used for virtual 59
	96	+	monitoring or virtual visitation at no cost to a resident, provided (A) the 60
	97	+	cost associated with any necessary upgrades to Internet infrastructure 61
	98	+	to provide adequate Internet access for residents to use such technology 62
	99	+	shall be considered a capital improvement eligible for a higher rate of 63
	100	+	reimbursement for a nursing home facility under the provisions of 64
	101	+	subsection (f) of section 17b-340 of the general statutes, and (B) a long-65
	102	+	term care facility may assess a pro-rated portion of the cost of any 66
	103	+	necessary Internet infrastructure upgrades for resident use of such 67
	104	+	technology to any resident privately paying for a residence in such 68
	105	+	facility and using such technology. A resident or resident representative 69
	106	+	may also procure his or her own Internet connectivity. A private paying 70
	107	+	resident who procures his or her own Internet connectivity shall not be 71
	108	+	charged for the cost of any necessary Internet infrastructure upgrades 72
	109	+	by the long-term care facility. 73
	110	+	(2) A long-term care facility may establish policies and procedures on 74
	111	+	the use of technology for virtual monitoring addressing (A) except for 75
	112	+	cellular mobile telephones used primarily for telephonic 76
	113	+	communication or tablets not used for virtual monitoring, placement of 77
	114	+	any technology device in a conspicuously visible, stationary location in 78
	115	+	the resident's room or living quarters, (B) restrictions on use of the 79
	116	+	technology to record video or audio outside the resident's room or living 80
	117	+	quarters or in any shared common space, (C) compliance with 81
	118	+	applicable federal, state and local life safety and fire protection 82 Raised Bill No. 6552
110	119
111	120
112		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06552-
113		-	R01-HB.docx }
114		-	4 of 6
115	121
116		-	to such facilities for such upgrades, provided such use is approved by 78
117		-	the federal government, and (D) a nursing home facility may assess a 79
118		-	prorated portion of any unreimbursed cost of such upgrades to any 80
119		-	resident privately paying for a residence in such facility and using such 81
120		-	technology. A resident may also procure his or her own Internet 82
121		-	connectivity. A private-paying resident who procures his or her own 83
122		-	Internet connectivity shall not be charged for the cost of any Internet 84
123		-	infrastructure upgrades by the nursing home facility necessary for 85
124		-	residents to use such technology. 86
125		-	(2) A nursing home facility may establish policies and procedures on 87
126		-	the use of technology for virtual monitoring addressing (A) except for 88
127		-	cellular mobile telephones used primarily for telephonic 89
128		-	communication or tablets not used for virtual monitoring, placement of 90
129		-	any technology device in a conspicuously visible, stationary location in 91
130		-	the resident's room or living quarters, (B) restrictions on use of the 92
131		-	technology to record video or audio outside the resident's room or living 93
132		-	quarters or in any shared common space, (C) compliance with 94
133		-	applicable federal, state and local life safety and fire protection 95
134		-	requirements, (D) limitations on use of technology for virtual 96
135		-	monitoring when such use will interfere with resident care or privacy 97
136		-	unless the resident, a roommate of the resident, or his or her resident 98
137		-	representative, consents to such use, (E) the ability to limit use of 99
138		-	technology in the event of a disruption to the facility's Internet service, 100
139		-	and (F) actions that the nursing home facility may take for failure to 101
140		-	comply with applicable federal, state and local laws or facility policy in 102
141		-	the use of technology and the process by which a resident may appeal 103
142		-	such actions. 104
143		-	(d) A nursing home facility shall be immune from any civil, criminal 105
144		-	or administrative liability for any (1) violation of privacy rights of any 106
145		-	individual under state or federal law caused by a resident's use of 107
146		-	technology; (2) damage to the resident's technology, including, but not 108
147		-	limited to, malfunction not caused by the negligence of the nursing 109
148		-	home facility; and (3) instance when audio or video produced by the 110 Substitute Bill No. 6552
	122	+	LCO No. 4291 4 of 5
	123	+
	124	+	requirements, (D) limitations on use of technology when such use will 83
	125	+	interfere with resident care or privacy unless the resident, a roommate 84
	126	+	of the resident, or their resident representatives, consents to such use, 85
	127	+	(E) the ability to limit use of technology in the event of an emergency or 86
	128	+	disruption to the facility's Internet service, and (F) actions that the long-87
	129	+	term care facility may take for failure to comply with applicable federal, 88
	130	+	state and local laws or facility policy in the use of technology and the 89
	131	+	process by which a resident may appeal such actions. 90
	132	+	(d) A long-term care facility shall be immune from any civil, criminal 91
	133	+	or administrative liability for any (1) violation of privacy rights of any 92
	134	+	individual under state or federal law caused by a resident's use of 93
	135	+	technology; (2) damage to the resident's technology, including, but not 94
	136	+	limited to, malfunction not caused by the negligence of the long-term 95
	137	+	care facility; and (3) instance when audio or video produced by the 96
	138	+	resident's technology is inadvertently or intentionally disclosed to, 97
	139	+	intercepted or used by an unauthorized third-party. 98
	140	+	(e) A long-term care facility shall place a conspicuous notice (1) at the 99
	141	+	entrance to the facility indicating that technology enabling virtual 100
	142	+	monitoring or virtual visitation may be in use in some residents' rooms 101
	143	+	or living quarters; and (2) except for cellular mobile telephones used 102
	144	+	primarily for telephonic communication or tablets not used for virtual 103
	145	+	monitoring, on the door of any resident's room or living quarters where 104
	146	+	such technology may be used. In cases where any roommate of a 105
	147	+	resident refuses to give consent for use of technology for virtual 106
	148	+	monitoring that may capture audio or video of the roommate, a long-107
	149	+	term care facility shall work with both the resident and the roommate to 108
	150	+	seek an acceptable accommodation for use of the technology with the 109
	151	+	roommate's consent. If the roommate continues to refuse consent, the 110
	152	+	long-term care facility shall work with the resident wishing to use such 111
	153	+	technology to develop an alternative, including transfer to another room 112
	154	+	with a roommate who consents to use of the technology, provided an 113
	155	+	appropriate room is available and the resident is able to pay any 114
	156	+	difference in price if the new room is more costly than the resident's 115
	157	+	current room. 116 Raised Bill No. 6552
149	158
150	159
151		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06552-
152		-	R01-HB.docx }
153		-	5 of 6
154	160
155		-	resident's technology is inadvertently or intentionally disclosed to, 111
156		-	intercepted or used by an unauthorized third party. 112
157		-	(e) A nursing home facility shall place a conspicuous notice (1) at the 113
158		-	entrance to the facility indicating that technology enabling virtual 114
159		-	monitoring or virtual visitation may be in use in some residents' rooms 115
160		-	or living quarters; and (2) except for cellular mobile telephones used 116
161		-	primarily for telephonic communication or tablets not used for virtual 117
162		-	monitoring, on the door of any resident's room or living quarters where 118
163		-	such technology may be used for virtual monitoring. In cases where any 119
164		-	roommate of a resident refuses to give consent for use of technology for 120
165		-	virtual monitoring that may capture audio or video of the roommate, a 121
166		-	nursing home facility shall work with both the resident and the 122
167		-	roommate to seek an acceptable accommodation for use of the 123
168		-	technology with the roommate's consent. If the roommate continues to 124
169		-	refuse consent, the nursing home facility shall work with the resident 125
170		-	wishing to use such technology to develop an alternative, including 126
171		-	transfer to another room with a roommate who consents to use of the 127
172		-	technology, provided an appropriate room is available and the resident 128
173		-	is able to pay any difference in price if the new room is more costly than 129
174		-	the resident's current room. 130
175		-	(f) The Office of the Long-Term Care Ombudsman may provide 131
176		-	standard forms on its Internet web site for (1) notice by a resident to a 132
177		-	nursing home facility of the resident's plan to install and use technology 133
178		-	of his or her choice for virtual monitoring; (2) consent forms for any 134
179		-	roommate of a resident who wishes to use technology for virtual 135
180		-	monitoring that may capture audio or video of the roommate; and (3) 136
181		-	forms for a resident or resident representative to notify the facility that 137
182		-	a roommate has withdrawn consent for use of technology for virtual 138
183		-	monitoring. The Office of the Long-Term Care Ombudsman shall 139
184		-	develop such standard forms in consultation with nursing home facility 140
185		-	representatives and the Department of Public Health. 141
186		-	(g) The Commissioner of Public Health may adopt regulations in 142
187		-	accordance with the provisions of chapter 54 of the general statutes to 143 Substitute Bill No. 6552
	161	+	LCO No. 4291 5 of 5
188	162
189		-
190		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06552-
191		-	R01-HB.docx }
192		-	6 of 6
193		-
194		-	implement the provisions of this section. 144
	163	+	(f) The Office of the Long-Term Care Ombudsman may provide 117
	164	+	standard forms on its Internet web site for (1) notice by a resident to a 118
	165	+	long-term care facility of the resident's plan to install and use technology 119
	166	+	of their choice for virtual monitoring; and (2) consent forms for any 120
	167	+	roommate of a resident who wishes to use technology for virtual 121
	168	+	monitoring that may capture audio or video of the roommate. The Office 122
	169	+	of the Long-Term Care Ombudsman shall develop such standard forms 123
	170	+	in consultation with long-term care facility representatives and the 124
	171	+	Department of Public Health. 125
	172	+	(g) The Commissioner of Public Health may adopt regulations in 126
	173	+	accordance with the provisions of chapter 54 of the general statutes to 127
	174	+	implement the provisions of this section. 128
195	175		This act shall take effect as follows and shall amend the following
196	176		sections:
197	177
198	178		Section 1 October 1, 2021 New section
199	179
200		-	Statement of Legislative Commissioners:
201		-	In Section 1(b)(3), "enabling virtual monitoring" was changed to
202		-	"enabling virtual monitoring and intended for such use" for accuracy
203		-	and consistency; in Section 1(b)(5)(A), "the roommate" was changed to
204		-	"all roommates" and ""resident representative of the roommate" was
205		-	changed to "resident representatives of all roommates" for accuracy and
206		-	internal consistency; in Section 1(b)(5)(B), , "the roommate" was changed
207		-	to "any roommate" for accuracy and internal consistency; in Section
208		-	1(b)(6)(A), "hours of use" was changed to "hours of operation" for
209		-	consistency; in Section 1(c)(1)(C), "such upgrades," was changed to
210		-	"such upgrades, provided such use is approved by the federal
211		-	government," for accuracy; in Section 1(c)(2)(D), "their resident
212		-	representatives" was changed to "his or her resident representative" for
213		-	consistency; in Section 1(e)(2), "may be used" was changed to "may be
214		-	used for virtual monitoring" for accuracy and consistency; and in
215		-	Section 1(f)(1), "their choice" was changed to "his or her choice" for
216		-	consistency.
217		-
218		-	AGE Joint Favorable Subst.
	180	+	Statement of Purpose:
	181	+	To allow residents of long-term care facilities to use technology of their
	182	+	choice.
	183	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	184	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	185	+	underlined.]
219	186